Olumide v. Canada

Olumide v. Canada

The court concluded on the uncontested evidentiary record that Mr. Olumide met the statutory threshold in s.40(1) because he has persistently instituted frivolous and abusive proceedings, relitigated decided issues, ignored orders and refused to pay costs; accordingly a s.40(1) order staying current proceedings and requiring leave for future filings was necessary to protect the administration of justice, and costs were awarded to the defendants in the amount fixed at $2,240.

Citation
2016 FC 1106
Parties
Plaintiff: Ade Olumide; Defendants: Her Majesty the Queen in Right of Canada and Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 October 2016
Procedural Posture
Application Under Section 40 of the Federal Courts Act to Declare a Party a Vexatious Litigant / Motion Heard Under Rule 369 of the Federal Courts Rules; Judgment on Merits
Outcome
Motion allowed; Mr. Ade Olumide declared a vexatious litigant under s.40 of the Federal Courts Act; all proceedings before the Federal Court stayed; future proceedings require leave; costs awarded to defendants.
Legal Topics
Vexatious Litigant, Abuse of Process, Stay of Proceedings, Costs, Security for Costs
Source Language
English
Civil Procedure Federal Courts Practice Administrative Law Vexatious Litigant Abuse of Process Stay of Proceedings Costs Security for Costs

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Parties

Ade Olumide

Plaintiff

Her Majesty the Queen in Right of Canada and Attorney General of Canada

Defendants

Procedural Posture

Application Under Section 40 of the Federal Courts Act to Declare a Party a Vexatious Litigant / Motion Heard Under Rule 369 of the Federal Courts Rules; Judgment on Merits

Legal Issues

  1. 1 Whether Mr. Olumide has persistently instituted vexatious proceedings or conducted proceedings in a vexatious manner within the meaning of s.40(1) of the Federal Courts Act
  2. 2 Whether an order staying current proceedings and requiring leave for future proceedings is appropriate
  3. 3 Whether costs should be awarded for the motion

Ratio Decidendi

The court concluded on the uncontested evidentiary record that Mr. Olumide met the statutory threshold in s.40(1) because he has persistently instituted frivolous and abusive proceedings, relitigated decided issues, ignored orders and refused to pay costs; accordingly a s.40(1) order staying current proceedings and requiring leave for future filings was necessary to protect the administration of justice, and costs were awarded to the defendants in the amount fixed at $2,240.

Court Disposition

Motion allowed; Mr. Ade Olumide declared a vexatious litigant under s.40 of the Federal Courts Act; all proceedings before the Federal Court stayed; future proceedings require leave; costs awarded to defendants.

Orders

  • The defendants' motion is allowed.
  • Mr. Ade Olumide is declared a vexatious litigant pursuant to section 40 of the Federal Courts Act, RSC 1985, c F-7.